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/ TERMS AND CONDITIONS
1. Use of these Terms
1.1. These terms and conditions set out the Terms on which the Service of Italian Kitchen (“The Company”) is provided to You (“The Customer”) for use under the terms of this agreement (“Agreement”), Your rights and obligations, and those of Italian Kitchen. Italian Kitchen is registered in the Isle of Man and our company number is 026763B. Our registered trading address is 2 Arbory Street, Castletown, Isle of Man IM9 1LJ. By placing an order with Italian Kitchen, you are agreeing to these terms and conditions.
2. Other Applicable Terms
2.1. These Terms of Use refer to the following additional terms:
2.1.1. Our Privacy Policy, which sets out the terms on which We process any personal data we collect from You, or that You provide to Us. By using our website, You consent to such processing and You warrant that all data provided by You is accurate.
2.1.2. Our Cookie Policy, which sets out information about the cookies on the website.
3. Interpretation
3.1. The following definitions and rules of interpretation apply in these Terms of Use:
3.1.1. ‘Content’ or ‘Our Website’ includes, but is not limited to, all products, text, graphics and images that appear on the Italian Kitchen website.
3.1.2. ‘Intellectual Property Rights’ means patents, utility models, rights to inventions, copyright and neighbouring and related rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
3.1.3. ‘Italian Kitchen’ means Italian Kitchen of 2 Arbory Street, Castletown, Isle of Man, IM9 1LJ.
3.1.4. ‘You’ and ‘Your’ means the customer of Italian Kitchen.
3.1.5. ‘Our’, ‘Us’ and ‘We’ means Italian Kitchen.
3.1.6 ‘Delivery’ means our product delivery services.
3.1.7 ‘Order’ means an order placed by You for Product(s) through Our Website or using such other means as we may permit from time to time.
3.1.8 ‘Privacy Policy’ means our privacy policy below.
3.1.9 ‘Product’ or ‘Products’ means the goods and products that we sell.
4. Changes to these Terms of Use
4.1. We reserve the right to change these Terms of Use at any time and will update our website accordingly.
5. Privacy Policy
5.1 General Data Protection Regulation (GDPR) is an EU Law, however, Italian Kitchen operates under GDPR for all jurisdictions including non-EU countries.
5.2 Personal data is defined by GDPR as ‘any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier’. Personal data covers information such as your name and contact details, identification numbers, electronic location data and other online identifiers. Your personal data will be used to provide the information, goods and services offered through our website to you, for billing and order fulfilment. If you subscribe to our mailing list, you will also receive our monthly newsletter. This privacy policy sets out how Italian Kitchen uses and protects any information that you provide when you use this website. We are committed to ensuring that your privacy is respected and protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement in accordance with GDPR.
5.3 Italian Kitchen is the sole owner of any information collected and we promise not to sell, share or rent this information to any other person or organisation.
5.4 The information we collect is to enable us to greater understand your needs and provide you with a better service. This includes internal record keeping, using information to improve our products and services, and sending new promotions and special offers which we think you may find interesting using the email address you have provided in the form of a monthly newsletter. Your personal data also enables us to carry out any order requests that we may receive from you.
5.5 You may opt out of these marketing incentives at any time by emailing laura@italiankitchen.im or by clicking “Unsubscribe” in any of our marketing correspondence. We usually only send one email out to our mailing list per month and all mailing list members must confirm their wish to be placed on our mailing list through a double opt-in feature. You have the right to change your marketing preferences, subscriptions and contact information at any time, and change the way we use your personal data.
5.6 You may request details of personal information which we hold about you at any time. If you would like a copy of the information held on you please write to us at the above email address. If you believe that any information we are holding on you is incorrect or incomplete, please email us at the above address. We will promptly correct any information found to be incorrect.
5.7 Your personal data will only be kept as long as is necessary for which it was first collected. Your personal data will be kept for a maximum of five years from your last transaction, unless you exercise your right to have it removed sooner or unsubscribe from our mailing list.
5.8 ​Security:
5.8.1 We are committed to ensuring that your information is secure. To prevent unauthorised access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online.
​5.9 Cookies:
5.9.1 A cookie is a small file which asks permission to be placed on your computer's hard drive. Once you agree, the file is added, and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
5.9.2 We use traffic log cookies to identify which pages are being used. This helps us analyse data about web page traffic and improve our website in order to tailor it to customer needs.
5.9.3 We only use this information for statistical analysis purposes and then the data is removed from the system. Overall, cookies help us provide you with a better website, by enabling us to monitor which pages you find useful and which you do not. A cookie in no way gives us access to your computer or any information about you, other than the data you choose to share with us.
5.9.4 You can choose to accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. This may prevent you from taking full advantage of the website.
5.10 Links to other websites:
5.10.1 Our website and social media pages may contain links to other websites of interest. However, once you have used these links to leave our site, you should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which you provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
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6. Product Information
6.1 All products listed on our website are advertised with descriptions provided to us from our suppliers.
6.2 We will often use our supplier’s photographs and photographs of products we have taken ourselves.
6.3 At all times we strive to provide the correct information and photography of all products and gift hampers that we sell on our website, however, we reserve the right to send a product which may not be exactly the same as on our website if our supplier has changed the packaging, branding or any other feature of the product.
7. Right to cancel
7.1 You have the right to cancel your order within a "cooling off period" of seven working days, beginning on the day after you receive the goods.
7.2 If you are in possession of the goods you are under duty to retain them and take reasonable care of them.
7.3 You must send the goods back to us at 2 Arbory Street, Castletown, Isle of Man, IM9 1LJ at your own cost as soon as possible once you have cancelled the contract by contacting us.
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7.4 In the unlikely event of any damage of goods upon receipt, we will request for a photograph to be sent to laura@italiankitchen.im. If we agree that the fault is that of Italian Kitchen, we will ask for the items to be returned to us with a receipt for the cost of purchase, and we will refund the total amount of return postage once the items have been received. We will then re-send the items to you at our cost unless you request a complete refund, in which case we will refund you the total cost of the returned items too.
7.5 It is important that we are contacted as soon as possible regarding any issues and to note that this guarantee does not confer the right to an automatic 100% refund, but only to a fair resolution.
7.6 We reserve the right to make a charge not exceeding our direct costs of recovering the goods if you do not return the goods or return them at our expense.
7.7 Once you have notified us that you wish to cancel the contract, any sum debited to us will be refunded to you as soon as possible and in any event within 30 days of your cancellation.
7.8 You will not have any right to cancel a purchase for the supply of any of the following goods:
7.8.1 if the price is dependent on fluctuations in the financial market which cannot be controlled by the retailer.
7.8.2 for the supply of goods made to your specifications or clearly personalised or which by reason of their nature cannot be returned or are liable to deteriorate or expire rapidly.
7.8.3 any of the goods have been opened or used in any way so as to prevent them from being re-sold.
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8. Changes to your order, refunds and returns
8.1 If you wish to cancel or amend your order, please contact us on our live chat screen on our website or email laura@italiankitchen.im. You can also contact us directly through the contact page on our website.
8.2 Please note that any changes to your order including delivery address, gift messages and additional items must be made by noon on the day of purchase as our items are often shipped by 3pm on the day of an order being placed. We will do our best to meet requests, but we cannot guarantee that we are able to make changes after this time.
8.3 Orders placed or cancelled after noon on any day will be treated as having been received on the following working day. Please note that we have closure periods and these will be clearly displayed on our website and at the checkout stage.
8.4 In the unlikely event of any product unavailability that is not listed as out of stock on our website, we will undertake to fulfil your order with the closest matching alternative of at least the same value or remove the item completely. We will notify you of any changes made and if you wish to discuss any changes we have made, we will be able to telephone you at a time appropriate for you. If we are unable to contact you via the contact methods you have provided prior to the time that we make up your order, we reserve the right to make the decision on your behalf.
8.5 On occasion, certain products are offered as part of a promotion. These items are subject to availability and so, should an occasion arise when they are omitted from an order, we reserve the right to offer an alternative at our discretion.
8.6 We have excellent quality control in place as all of our boxes are hand-packed and wrapped securely. Each item is checked for the correct sell-by and use-by date and to ensure that they have not been opened or tampered with.
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9. Duplicate orders
9.1 If we believe a duplicate order has been made, we will attempt to contact the customer but if it is urgent and they cannot be reached, we may make the decision ourselves to cancel or send the item as requested.
10. Delivery Information
10.1 We and our couriers will do everything we can to ensure that your order is delivered to the recipient’s address that you provide.
10.2 It is very important that you ensure accurate recipient address information and check your confirmation email.
10.3 We cannot deliver to PO Box addresses or to freepost addresses.
10.4 Please check your confirmation email to ensure all information is correct. If you do not let us know that anything is incorrect by noon on the day of purchase, we will send your order with the information you have provided. Any refunds, re-deliveries or returns required due to incorrect recipient information will be at the customer’s cost.
10.5 We provide a range of delivery services – please see our Delivery Information page.
10.6 If our couriers are unable to deliver your order to the recipient's address, we will attempt to leave notification for the recipient to contact the courier. We are not responsible for any costs incurred by the customer due to failed deliveries.
10.7 Neither we, nor any delivery service that we use, shall be liable for any failure to deliver where failure or delay results from any circumstances outside our reasonable control.
10.8 If you do not put your name into the message card field, we will not disclose your identity to the recipient.
10.9 For all deliveries, our cut off time is noon on the day of purchase. Orders received after this time will be treated as if they have been received on the following day. We do not deliver on Saturdays, Sundays or public holidays.
11. Pricing & Payment
11.1 All prices include service and VAT. Delivery charges apply depending on the method of delivery, which are clearly stated at the checkout stage.
11.2 We accept payment from most major credit cards, PayPal and Google Play.
11.3 If an order is believed to be fraudulent in nature, we reserve the right to cancel the order and refund the funds. We are under no obligation to reveal why we believe the order to be fraudulent and we will co-operate with the police regarding any criminal investigations. We reserve the right to refuse to serve customers
11.4 We often offer promotional codes or products at discounted prices. These offers are valid from the time that we introduce them to the end date of the offer. Only one promotional code can be used per order.
11.5 In the event that a customer has made a purchase and the price of a product is subsequently discounted, then price of the product at the time of purchase shall remain.
11.6 We are unable to offer special offer discounts or apply promotional codes retrospectively.
11.7 Any refunds of promotional items will be at the price paid for the item, even if the item is advertised at a higher or lower price at a later date.
12. Customer Feedback
12.1 You agree that any material, information or ideas that you transmit to our website or on our social media pages are and will remain, the property of Italian Kitchen. Furthermore, you accept that you are prohibited from posting or transmitting to or from this site any unlawful, threatening, libellous, defamatory, inflammatory, pornographic or profane material that could give rise to any civil or criminal liability under law. You are solely responsible for the content of any comments you make.
13. Copyright
13.1 The Italian Kitchen logo and all wording and imagery on our website and social media sites are copyrighted. You may not copy, modify or distribute all or part of any of content, without Italian Kitchen’s consent.
14. Customer Care and Complaints
14.1 Italian Kitchen strives to provide excellent customer service. Feedback helps us to measure whether our services are meeting customer needs and expectations and helps us to identify problems that need to be solved. We aim to ensure that every customer feels listened to and are taken seriously, even if it is not always possible to meet an exact request.
14.2 We will always investigate any issues or questions and provide a response as quickly as possible, usually in writing by email or in urgent cases, by telephone.
14.3 We aim to acknowledge all complaints, questions and requests for service within one business day and a substantive response will be provided within seven business days. This response should include an analysis of the issue and the proposed resolution. Clear reasons should be given if it is not possible for Italian Kitchen to accommodate the customer’s request.
14.4 If a resolution is not possible within seven business days, the customer should be notified and given the date by which they can expect a response. The resolution can be communicated to the customer verbally or by e-mail, depending on the communication method most appropriate to the situation.
15. Legal
15.1 This agreement is governed by the laws recognised on the Isle of Man.
15.2 Any dispute between you and us arising out of or in connection with our agreement (including non-contractual disputes or claims) will only be dealt with by the courts of the Isle of Man.
15.3 If you are a resident in the United Kingdom, you may also bring proceedings in the United Kingdom.